Columbia Non-Profit Attorneys & Lawyers

Key Takeaways

• Unfair competition includes deceptive business practices like false advertising, trade secret theft, trademark infringement, and reverse passing off.
• Both federal (e.g., Lanham Act, FTC regulations) and state laws govern unfair competition.
• Legal remedies may include monetary damages, injunctive relief, or even criminal charges in extreme cases.
• Courts consider factors like intent, duration of misconduct, and financial harm when awarding penalties.
• Preventive measures like trademarks, NDAs, and employee training help protect businesses.
• State-specific unfair competition laws can vary widely and may provide broader protections than federal law.

What Is Unfair Competition?

Unfair competition occurs when another company uses wrong or deceptive business practices to gain a competitive advantage. The major category of unfair competition relates to intentional confusion of customers as to where t

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Key Takeaways

• Cybersquatting involves registering domain names similar to well-known brands or trademarks in bad faith to profit from them.
• Examples of cybersquatting can be categorized as "name jacking," where celebrities' names are exploited, or "typosquatting," where common misspellings of websites are used for malicious purposes.
• Notable legal cases, such as those involving Tom Cruise and Nicole Kidman, highlight how celebrities and companies have fought back against cybersquatting.
• Legal actions are available through the Anticybersquatting Consumer Protection Act (ACPA) and ICANN procedures for domain disputes.

What Is Cybersquatting?

Cybersquatting examples show Cybersquatting (a.k.a. domain squatting) is the act of registering, trafficking in or using a domain name in bad faith. Cybersquatters neglect the existence of a trademark to profit from others. In fact, domain names are cheap and are sold o

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Key Takeaways

• A contract checklist ensures all legal, financial, and operational details are addressed before signing.
• It minimizes risks by clarifying rights, obligations, and remedies for both parties.
• Essential items include parties, scope of work, payment terms, warranties, indemnification, dispute resolution, and termination clauses.
• Avoid vague language, one-sided obligations, or unenforceable provisions.
• Specialized checklists may be needed for employment, service, real estate, or vendor agreements.
• Regular reviews and updates keep contracts enforceable and compliant with changing la

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Key Takeaways

• A cumulative dividend is a mandatory dividend on preferred shares that carries over if not paid in a given year.
• These dividends protect investors by guaranteeing eventual payout before common shareholders receive dividends.
• Companies use cumulative preferred shares to attract investors, raise funds, and maintain balance sheet flexibility.
• While attractive for investors, cumulative dividends can strain companies with future obligations if profitability declines.
• They are usually specified in the company’s prospectus or term sheet, including rate, payout conditions, and any limits.

What Are Cumulative Dividends?

If a dividend is sharin

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